Introduction, Legal Requirements and Tools (Carers)

1. When to use these Procedures

These procedures should be used by anyone working in, or on behalf of adult Care and Support that has been allocated or asked to carry out any process that establishes carer's needs under the Care Act, including;

  1. Any formal assessment or reassessment of need of an adult carer;
  2. Any assessment of a young carer for the purpose of transition; and
  3. Any assessment of a child's carer for the purpose of transition.
If you are carrying out a young carer's assessment under the Children Act 1989 or a parent carer's assessment under the Children and Families Act 2014 you should refer to available children's procedures outside of this site content.

2. Establishing Needs v. Assessment

Under the Care Act any method of establishing needs is known as an assessment and this is the legally recognised term. Assessment is an integral part of adult Care and Support.

The term 'assessment' covers;

  1. The range of methods that can be used to establish needs, some of which are formal (for example, a face to face assessment) and some of which are not so formal (for example, a short telephone conversation); and
  2. The range of models and frameworks used to support or shape the process of information gathering.

Unfortunately the word 'assessment' is all too often associated with outdated practices to gather information that do not support the ethos of the Care Act. For example, being;

  1. A process led by the assessor;
  2. A structured process involving the use of forms and arbitrary questions;
  3. An 'interview' of the carer being assessed; and
  4. A gateway to funding and services, the nature of which is decided by the assessor.

As a mechanism to promote and support new practices around assessment that are in line with the Care Act ethos and duties, these procedures intentionally use the phrase 'Establishing Needs' alongside the legal term 'assessment'. This supports users of the procedures to think more flexibly about what an 'assessment' can, and may need to involve so that it is;

  1. Proportionate, only being formal or lengthy when it needs to be;
  2. Led by the carer with support needs;
  3. Appropriate to the carer and their situation; and
  4. A method of supporting the carer to find their own solutions to issues identified.

3. The Purpose of any Assessment

Under the Care Act the main purpose of any assessment is;

  1. To provide a full picture of the carer's needs, with a particular focus on the impact that those needs have on their Wellbeing and the outcomes they want to achieve in their day-to-day life; so that;
  2. The Local Authority can put in place appropriate, proportionate and timely arrangements for that carer in order to meet their needs and promote individual Wellbeing. This response might range from offering guidance and information to arranging for services to meet the needs.
Important to know

Under the Care Act the duty to promote individual Wellbeing is intrinsically linked to the purpose of assessment. Any assessment that has not considered or promoted Wellbeing has not fulfilled its legal requirements.

It is vital that you understand the principle of Wellbeing in order to promote it. Click here to access guidance about understanding and promoting Wellbeing.

A good assessment will also;

  1. Support carers to understand their strengths and capabilities within the context of their situation;
  2. Support carers to understand the support that may be available to them within the community or through other networks and services; and
  3. Support carers to consider some of the different ways that the Local Authority may be able to support them (other than through a formal service).

The information gathered will help the Local Authority to;

  1. Make a determination about eligibility (where eligibility is a factor in meeting assessed needs); and
  2. Understand the kind of service provisions that could be explored when Support planning.

4. Legal Requirements of a Carers Assessment

Across the country and even within each Local Authority there are a range of models and frameworks used to support or shape the process of information gathering to establish needs. The Care Act recognises that different approaches are used but all must fulfil the same legal requirements.

Click here to read the legal requirements of any assessment to establish carer's needs as defined by the Care Act 2014, including the criteria when an assessment must be carried out and who must be involved in any assessment.

5. Legal Requirements of Carer's Transition Assessments

Legal requirements of a young carer's assessment

Click here to read the legal requirements of a young carer's assessment for the purpose of transition, including who must be involved and what the assessment must include.

Legal requirements of a child's carer's assessment

Click here to read the legal requirements of a child's carer's assessment for the purpose of transition, including who must be involved and what the assessment must include.

6. Tools and Practice Guidance to Establish Needs

General practice guidance

These procedures contain comprehensive general practice guidance to support an effective assessment process.

Legal Requirements and Statutory Guidance

The Care Act does not require that a specific tool (or any tool at all) is used to support or shape the assessment process, but it does acknowledge that a good tool can be helpful. However, any tool should;

  1. Facilitate and ensure the carer's involvement;
  2. Support the information gathering process;
  3. Be flexible and adaptable; and
  4. Be appropriate and proportionate to the situation and needs of the carer being assessed.

See below for details of the tools that are available for you to use as required.

Considerations when using tools

The process of establishing needs involves having a skilled conversation about;

  1. Wellbeing and outcomes;
  2. Needs; and
  3. Risk.

You should consult with the carer when arranging the assessment to understand the specific communication needs that they have so that any assessment tool you use will ensure their involvement in the conversation.

If you not feel that the assessment tools available to you will be appropriate you should speak to your manager about how they can be adapted.

Available tools

Across the country and even within each Local Authority there are a range of models and frameworks used to support or shape the process of information gathering to establish needs. These are known as tools.

The following are tools available to you that may enhance any assessment conversations and accessibility.

Click here to access a range of tri.x person centred tools that can;

  1. Support a carer to think about what matters most to them, now and in the future;
  2. Support a carer to think about Wellbeing;
  3. Support a carer to think about needs and what a good day/bad day looks like; and
  4. Support a carer to think about what is working/not working about a Support Plan and any services or support they receive.

The Local Authority subscribes to Research in Practice for Adults (RiPfa) who provide a range of tools and resources to support skilled conversations.

RiPfa can be accessed by clicking here.

If you have difficulties accessing the resources speak to your line manager.